Seventh.—­Tunnel excavations to be done without disturbing the surface of the street, except in the portions of Thirty-first and Thirty-third Streets, and Seventh, Eighth and Ninth Avenues in front of the terminal station, and except in Queens Borough, with the power to the Rapid Transit Board, wherever conditions elsewhere make surface excavation necessary for efficient construction, to grant the right for such excavation, subject to conditions to be then prescribed by the Board.  The tracks are to be constructed of the most approved plan so as to avoid noise or tremor.  All plans for, and the method of doing, the work are made subject to the approval of the Rapid Transit Board.

Eighth.—­The motive power to be electricity, or such other power not involving combustion as may be approved by the Board.

Ninth.—­The company to have no power to carry on merely local traffic, except with the approval of the Board and for additional consideration to be paid the city.  Traffic is defined as local which begins and ends in the city within five miles of the terminal station on Seventh and Ninth Avenues.

Tenth.—­The railroad to be diligently and skillfully operated, with due regard to the convenience of the traveling public.

Eleventh.—­The city to have a lien upon the franchise and real property of the company to secure the payment of rental.

Twelfth.—­The rights of the city to be enforceable by action, for specific performance, or mandamus, or otherwise.

Thirteenth.—­The company not to oppose the construction of any rapid transit railroad along or across the same routes which do not actually interfere with the authorized structures of the company.

Fourteenth.—­The city to have an ample right of inspection of the railroad, and to enter upon it for examination, supervision, or care of city property, or for other purposes.

Fifteenth.—­The company to be bound to maintain and strengthen all parts of its railways under streets or avenues so that the same shall support safely any structures superimposed or which may hereafter be superimposed thereon by the city or under public authority.

Sixteenth.—­The company to have the right to convey or mortgage the franchise, but every grantee, whether directly or under a mortgage, to assume the obligations already assumed by the Railroad Company and the Railroad Company not to be relieved of such obligations by the grant.

This franchise was passed by the Board of Aldermen on December 16th and approved by the Mayor on December 23d, 1902.

Subsequently, an agreement, dated June 21st, 1907, was entered into by the City of New York, the Tunnel Company, and the Long Island Railroad Company covering the construction of the Sunnyside Yard, which forms the eastern terminus of the line.